Administration
Reporting of Injury
Employee's First Report of Injury
The injured employee or someone on the employee's behalf shall provide the following:
oral or written notice that the employee was injured to the employee's supervisor or the Human Resources Leave Administrator as soon as practicable, but within ten (10) days after the accidental injury occurs; and
within three (3) working days after notice is required to be given, a physician's written certification that the employee is disabled by the injury should be provided to the Human Resources Leave Administrator.
Supervisor's Report
Upon having knowledge of an employee injury, the supervisor of the injured employee shall immediately notify the Human Resources Leave Administrator and forward to that office within two (2) days following notice of injury a Supervisor's Report of Employee's Injury.
UMGC Reports
The Human Resources Leave Administrator, upon receipt of the supervisor's report, shall:
file an Employer's First Report of Injury with the State of Maryland's Workers Compensation insurer (WC Insurer);
inform the injured employee or someone on the employee's behalf of the employee's right to file a claim with the Workers' Compensation Commission; and
determine if the injury would likely be compensable under the workers compensation statute.
Medical Evaluation
The WC Insurer or UMGC, or both, may refer an injured employee to a physician(s) for periodic examination to determine the nature and extent of the injury, the employee's progress toward recovery, the length of time necessary for recovery, and an estimated date of return to work. When UMGC refers an employee to a physician, UMGC shall file with the WC Insurer a report stating the circumstances of referral and the physician's prognosis.
Use of Leave Other Than Accident Leave
Prior to receipt of a determination of compensability from the WC Insurer, an employee must be placed on Accident Leave and UMGC shall not approve use of other leave unless there is a reasonable basis for believing that the injury is non-compensable. Only if the injury is believed to be non-compensable, UMGC may place the employee on Sick, Annual or other available Leave prior to receipt of a determination by the WC Insurer. If an employee exhausts all available Accident Leave and the medical certification specifies that the employee is unable to return to work because of the work-related injury, UMGC may require an employee to seek temporary total disability payments under the Workers' Compensation Act.
Duration of Leave
Period of Accident Leave
Having made the determination that the injury would likely be compensable under the Workers' Compensation statute, UMGC shall grant Accident Leave to an employee beginning on the first day of absence from work because of the disability. Accident Leave shall be terminated on the earlier of (1) the date that the employee is able to return to his/her official duties, or modified duties designated by UMGC, as certified in writing by a physician; or (2) six (6) months from the original date of disability.
Leave for Continuing Treatment
If the employee returns to his/her official duties, or modified duties designated by UMGC, prior to six (6) months following the date of the disability, Accident Leave may be granted for continuing treatment of the original injury, as certified in writing by a physician selected or accepted by the WC Insurer, for a period up to six (6) months from the original date of disability.
Additional Six (6) Month Leave
Accident leave may be granted for up to an additional six months if a physician selected or accepted by the institution certifies that the employee continues to be disabled and no decision has been reached by the Workers' Compensation Commission on the employee's claim. When an employee continues to use Accident Leave beyond a six month period, the timekeeper shall record the Accident Leave as Accident Leave on the first day immediately following the end of the initial six month period from the original date of disability. Responsibility for payment of Accident Leave beyond six (6) months is assumed directly by the WC Insurer and it is exempt, by federal law, from Social Security taxes.
Determination of Non-Compensability
Notice of Non-Compensability
Notwithstanding the above provisions in Sections II of these Procedures, Accident Leave shall terminate on the effective date UMGC is notified that the injury has been determined to be non-compensable from (1) the Workers' Compensation Commission; or (2) in the absence of a determination from the Workers' Compensation Commission, from the WC Insurer.
Reimbursement by Employee to UMGC
If UMGC receives notice of non-compensability, UMGC shall correct the employee's leave record to reflect a conversion of any Accident Leave that was granted in advance of the notice to accrued Time Off or, if the employee does not have accrued Time Off, to Approved Time Off - Unpaid. The employee shall be obligated to reimburse UMGC for any Accident Leave advanced under Policy VII-7.40-GC – UMGC Policy on Accident Time Off and these Procedures for an injury that is subsequently determined to be non-compensable.
Temporary Total Benefits
An injured employee shall only be entitled to temporary total benefits for loss of wages according to the Workers' Compensation Act (herein referred to as "temporary total benefits"), after all available Accident Leave has been used.
Temporary total benefits are paid at the rate of two-thirds (2/3) of the employee's average weekly wage and provide compensation to the temporarily disabled employee until the medical provider states that he/she may return to work. Temporary total benefits are paid by the WC Insurer and are exempt from Federal and State tax, including Social Security Tax.
An employee on temporary total benefits is placed on Leave Without Pay because of an On-The-Job Injury. UMGC shall continue to pay the employer subsidy for the plans in which the employee was enrolled at the time of the accident, and the employee will be responsible for his/her regular premiums.
UMGC shall approve the employee's use of other available accrued Time Off, including Sick, Vacation, Personal, Compensatory Time and Holiday, only after the employee has exhausted all available Accident Leave and received all temporary total (or partial) benefits for which he/she is eligible.
In the event an employee uses Sick Time Off for the time period for which he/she subsequently is awarded benefits pursuant to the Workers' Compensation Act, the UMGC authorizes use of the Sick Leave with the understanding and agreement that:
it constitutes an advance payment of temporary total or temporary partial disability benefits due under the Maryland Workers' Compensation Act; and
the State's obligation to pay temporary total (or partial) disability benefits under the Workers' Compensation Act shall be offset on a dollar for dollar basis by the gross amount of payments received by the employee while on Sick Time Off for the same period of time.
After the injured employee has used all available Accident Leave, temporary total benefits and accrued Time Off, the employee shall be placed on a Leave of Absence Without Pay. This leave without pay shall expire once the employee has used a total of two years of leave, both paid and unpaid.
Subrogation
If someone other than the employee or UMGC causes an injury for which work-related Accident Leave is taken, UMGC, after notice to the injured employee, shall be subrogated to the rights of the employee to the extent of any compensation paid or owed. If (1) within 90 calendar days after the employee receives such notice from UMGC, the employee fails to enforce a claim against the third person, or (2) within a reasonable time after giving UMGC notice of an intent to enforce the claim against such third person the employee fails to take action to enforce the claim, UMGC, in its own name and for its own benefit may bring or join in an action against such third person.